How to Sue a Bar or Nightclub for Injuries

Who pays when you’re hurt in a bar or nightclub? Here’s what you need to know about getting compensation for your injuries.

There are more than 62,000 bars and nightclubs in the U.S. serving an estimated 19 million people each year. With food and drink sales reaching $10 billion, it’s clear that American adults enjoy going out for drinks with friends and co-workers.¹

Accidents can happen to customers at any business. Bars and nightclubs are no exception.

Bar owners have a responsibility to customers. If you get injured at a popular nightclub, a favorite sports bar, or the local neighborhood dive, you may be entitled to compensation. Here’s what you need to know about how to file a claim or sue a bar for injuries.

When Can You Sue a Bar for Negligence?

Bar and nightclub owners have a legal duty of care to do everything possible to protect their patrons from foreseeable harm. When an owner fails in their duty, they are negligent. If the negligence causes someone to get hurt, the injured person can file an insurance claim or lawsuit against the bar.

“Foreseeable” means that a reasonable bar owner knows or should know when a situation is likely to cause harm to customers.

Bar and nightclub owners are only as conscientious as their employees, and even the best employees can make mistakes. When a bar employee does something wrong or fails to take action to ensure customer safety, the bar owner becomes liable, meaning responsible for the injured person’s damages.

That’s exactly why bar and nightclub owners carry liability insurance policies. These policies cover everything from intoxicated patrons who slug it out with other patrons, to premises liability claims for slip and fall accidents – and everything in between.

Understanding Dram Shop Laws

Back in the day, liquor was sold in small amounts called drams. “Dram Shop” is an antiquated term for taverns, bars, nightclubs, or anywhere alcoholic beverages are served. The term Dram Shop is still used in legal and insurance jargon.

Under dram shop laws, bar and club owners who serve alcoholic beverages to underage or obviously intoxicated persons can be held liable for the property damage and injuries the intoxicated patron causes.

Serving alcohol to minors is illegal in all 50 states. Most states have dram shop laws that allow injured persons to seek compensation from the owner of the bar that served the at-fault party.

Dram shop laws frequently come up in drunk driver lawsuits and can be used in other claims for injuries caused by an intoxicated person.

Dram shop laws are warnings to bar and club owners, making it clear that if they continue over-serving alcohol to intoxicated patrons, they’ll become responsible for the patron’s actions, especially when those actions result in injuries to others from bar fights or car accidents.

To protect themselves from dram shop cases, many bar owners have eliminated “Buy One, Get One Free,” “Ladies Drink Free Night,” and other celebrations of alcohol consumption. These actions help, but they can’t entirely protect bar and club owners from problem patrons.

Premises Liability Injury Claims

All business owners, including bar and nightclub owners, are required to provide a safe environment for customers.

Property owners may be liable for customer injuries caused by:

  • Broken or damaged furniture
  • Uneven or wet floors
  • Broken glass
  • Faulty stairs, or lack of handrails
  • Negligent security
  • Over-aggressive bouncers
  • Crowding beyond the legal capacity of the club
  • Locked or blocked emergency exits

How Shared Blame Affects Compensation

Although you have a right to compensation for injuries sustained in a bar or club, your compensation may be reduced or denied if you share some of the blame for the circumstances that caused your injuries.

Contributory Negligence rules affect personal injury claims in Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. If the insurance company finds that you carry as little as one percent of the blame for your injuries, they will use a pure contributory negligence argument to deny your claim.

Modified comparative negligence is used in the majority of states. Under comparative fault rules, you have the right to pursue an injury claim even if you’re partially to blame for your injuries.

The amount of compensation you can get is reduced in proportion to your share of the blame. In modified comparative fault states, you may not be eligible to recover any compensation if you are equally to blame or more to blame for causing your injuries.

If you don’t agree with the insurance company’s portioning of blame, contact a personal injury attorney to discuss your options.

Example: How Contributory Fault Affects Compensation

You’re enjoying a few beers at a local bar with friends when suddenly another bar patron hauls off and slugs you, breaking your jaw. Gus, the slugger, was already unsteady on his feet and loud when you got to the bar, but the bartender kept serving him up until the time he decked you.

After you get the pins and wires out of your jaw, you make a settlement demand to the bar’s insurance company for $30,000 to cover your medical bills, lost wages, and a modest amount for pain and suffering.

The insurance company investigation turned up witnesses who verified that the bartender continued to serve Gus, but who also testified that you were arguing with Gus from the time you arrived at the bar. Independent witnesses heard you call Gus a “fat stupid loser” just before he slugged you.

The insurance company accepted 60 percent of the fault on behalf of the bar for serving Gus when he was clearly intoxicated. They assigned 40 percent of the blame to you for your own level of intoxication and belligerence to Gus.

The insurance company offered $18,000 to settle your injury claim, representing a 40 percent reduction to your $30,000 demand for your share of fault.

Gather Evidence to Prove Your Claim

The burden is on you to prove the bar or nightclub is liable for your damages, including medical bills, lost wages, and emotional distress. You don’t automatically get an insurance settlement just because you were injured in a fight, or you cut your head when you fell off a broken bar stool.

In a bar or nightclub setting, your burden of proof includes showing:

  1. The bar or club owner had a duty of care to protect you.
  2. The injury-accident was foreseeable.
  3. The owner or employee was negligent.
  4. The negligence caused your injury.
  5. You have verified injuries.

Evidence is the foundation of your injury claim. Begin collecting important evidence as soon as you’re injured.

Report the injury

Don’t wait to see how you feel. Immediately ask for the bar owner or manager and tell them how you were injured. If you’ve been assaulted, ask them to call the police. Try to look for as many details as possible, like a description of the person who hit you, who saw it, and what time it happened.

Get the name and contact information of the bar owner, and the contact information of the bartender or manager who took your report. Ask for the bar’s insurance company information. If the bar owner isn’t available, leave a message asking for a return call.

Get prompt medical attention

If you suffered a serious injury, ask someone to call 911. Certainly, a broken jaw requires paramedics and a trip to the local emergency room. Emergency treatment records will link your injury to the bar.

Never refuse or delay medical treatment. If you don’t get treatment at the bar, see your doctor as soon as possible, or go to an emergency room or urgent care center. The longer you wait before a medical evaluation, the harder it will be to prove your injuries happened at the bar.

Get witness statements

Witnesses can make or break your injury claim. If you were injured falling from a broken chair, it helps to have the statement of a witness who saw what happened. Even better if you find a witness who says they reported the broken chair to management earlier in the evening.

Ask any potential witnesses for their names and contact information. If they’re willing, ask them to write down what they saw and heard, and to sign and date their statement.

Take pictures and video

Photographs and video make great evidence. Get pictures of the cause and location of your injuries. If a drunken patron is involved, try to get videos of the person if you safely can.

Take pictures of your injuries as soon as possible after they occur, and throughout your recovery.

When You Need an Attorney

You probably won’t need an attorney for soft tissue injuries like cuts, bruises, sprained muscles, or other minor injuries. If you’ve fully recovered, you can negotiate your settlement directly with the insurance company.

Calculate your compensation by totaling the cost of your medical bills, out-of-pocket expenses, the value of ruined personal items, and your lost wages. Add one or two times that amount for pain and suffering.

Send your demand letter with copies of all your bills, receipts, and any other evidence you’ve collected.

Help for Complicated Claims

You will need the help of a skilled personal injury attorney to get fair compensation for serious injuries and complicated claims.

Brain injuries, spinal cord injuries, wrongful death cases, and dram shop cases are complicated, high-dollar claims. You’ll need an experienced lawyer to force the bar’s insurance company to pay adequate compensation.

A good attorney will also discover and pursue other sources of compensation, such as umbrella policies, underinsured motorist coverage, and more.

Most personal injury law firms offer a free consultation to injured parties. There’s no obligation, and it costs nothing to find out what an experienced attorney can do for you or your loved one.

Bar Injury Claim Questions